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19970624 1997-09ORDINANCE NO. 1997- 9 AN ORDINANCE AMENDING CHAPTER 10, REFUSE AND RECYCLING, OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA BE IT ORDAINED by the City Council of the city of Fairfax, Virginia that Chapter 10 of the Code of the City of Fairfax, Virginia, is hereby amended as follows: Sec. 10-1. Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them in this section: Collection shall mean the collection, transportation and disposal of solid waste. Collector shall mean any person engaged in the collection, transportation and disposal of solid waste from two (2) or more residential, commercial, industrial, institutional or other establishments. Customers shall mean anyone providing compensation to a collector for collection service. Dusk shall mean one-half hour before sunset. Hazardous Waste shall mean solid waste, other than household solid waste normally generated by residences in the community, that may, by itself, or in combination with other solid wastes be infectious, explosive, poisonous, caustic, or toxic, or exhibit any of the characteristics of ignitability, corrosivity, reactivity or toxicity. Person shall mean and include individuals, corporations, associations, firms, partnerships, joint stock companies, counties, cities, towns and any other governmental entity. Principal recyclable materials shall mean newspaper, ferrous scrap metal, nonferrous scrap metals, used motor oil, corrugated cardboard, kraft paper, container glass, aluminum, high-grade office paper, tin cans, cloth, automobile bodies, plastic, clean wood, brush, leaves, grass and any other arboreal materials. ,'Principal recyclable materials" do not include large diameter tree stumps. Recyclable materials shall mean any material which retains useful properties that can be reclaimed after the production or consumption process. Recycling shall mean the process of separating a recyclable material from the waste stream and processing it so it may be used again as a raw material for a product which may or may not be similar to the original product. 1997-9 Recycling Center shall mean a facility designed for the collection, separation and/or recycling of recyclable materials. Regulations shall mean regulations promulgated by the city manager or his designee pursuant to this chapter. Solid Waste shall mean all putrescible and nonputrescible wastes, whether in solid or liquid form, except liquid-carried industrial wastes or sewage hauled as an incidental part of a septic tank or a cesspool cleaning service, but including garbage, rubbish, cardboard, ashes, sewage sludge, refuse, trash, industrial wastes, swill, demolition and construction wastes, abandoned vehicles, or parts thereof, discarded, home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, dead animals, or other discarded materials. Solid waste generators shall include any person, commercial establishment, corporation or legal entity that produces solid waste. Unacceptable waste shall mean solid waste that is prohibited either by Code of the city of Fairfax, regulations promulgated thereunder, Fairfax County rules and regulations for county disposal sites and/or the Code of Virginia. Sec. 10-2. Administration and enforcement. The city manager or his designee shall be responsible for the administration and enforcement of this chapter, and shall have the power to make and issue regulations which will carry out the purposes and intents of this chapter. Sec. 10-3. Collection zones and schedules. Under the direction of the city manager or his designee, the city shall be divided into collection zones with the object of affording one regular refuse collection for each week for each zone. Normally no collections will be made on Saturdays, Sundays and official holidays. Where a collection is not made because of inclement weather, a holiday or other declared reason, the zone affected will be furnished a collection the next working day. Collections shall be limited to single-family residential dwellings. Sec. 10-4. Rules governing materials for collection. (a) Material to be collected on regular schedule generally; placement; limitations. The following materials will be collected on regular collection schedules: Garbage, kitchen waste, cold ashes, paper, nonrecyclable glass, plastic, dirt and any other refuse accumulated as a result of normal household activities or yard work; provided, however, that the recyclable 1997-9 materials described in paragraph (b) shall be collected by separate pickup on regular collection schedules, the recyclable materials described in paragraph (c) shall be only collected once a week by special pickup arrangement, and the brush, herbaceous waste, and other materials described in paragraphs (d) and (e) shall be collected by special pickup arrangements. Such refuse shall be placed in approved containers or in neat and compact bundles or boxes in such a manner to permit handling by one person and which do not exceed sixty (60) pounds in weight when full. Large single items, such as furniture, placed at the curb shall also be collected on regular collection schedules. (b) Recyclable material to be collected on regular schedule. (i) Newsprint (newspaper ~ including inserts, magazines, catalogs; no magaz~--~..~o, writing paper, computer paper, "slick" ~= .... ~ ..... ~- books or other such paper will be accepted). (2) Glass (rinsed; clear, brown and green food and beverage containers only; remove lids; no window glass, mirrors, light bulbs or ceramics). (3) Plastic (rinsed; soft drink, juice and milk containers only; remove lids). (4) Aluminum and bimetal cans (rinsed beverage, food and juice cans). (c) Recyclable material to be collected once a week by special pickup. The following recyclable materials shall be only collected once a week by special pickup arrangement in accordance with section 10-7: Ferrous metals/white good which include, but shall not be limited to, stoves, refrigerators, washing machines, clothes dryers, dishwashers and hot water tanks. Doors shall be removed from appliances. (d) Recyclable material to be collected by special arrangement. The following recyclable materials shall be only collected by special pickup arrangement in accordance with section 10-7. Brush and herbaceous waste (cut into lengths of e~4%~--%8~ six (6) feet or less). (e) Materials to be collected by special arrangement per section 10-7. The following materials shall be collected only by special pickup arrangement in accordance with section 10-7: Dead animals smaller than sixty (60) pounds, tree stumps, dirt, stone, rock, brick, lead acid/wet cell batteries, and poisons, acids and caustics in quantities for household use. (f) Items not to be collected. items shall not be collected: The following (i) Dead animals larger than sixty (60) pounds, manure, contaminated liquids, friable 1997-9 asbestos, poisons, dangerous acids and caustics in commercial or industrial quantities, explosives, hot ashes or other unacceptable waste and hazardous waste. (2) Brush, grass clippings and debris resulting from work performed by private contractors. (g) Salvage by collector regulated. It shall be unlawful for any collector to salvage or otherwise remove any recyclable materials from recycling routes without the authorization of the director of public works. Sec. 10-5. Approved containers. (a) The following containers are approved: (i) Garbage and ashes: Minimum three (3) gallons; maximum ten (10) gallons. (2) mixed garbage, trash and other refuse: Minimum ten (10) gallons, maximum thirty-one (31) gallons. (3) Recycling containers supplied or approved by the city. (b) Ail refuse containers shall be made of metal or approved plastic, equipped with handles and with tight-fitting covers and designed for the storage and collection of refuse. No single container shall exceed sixty (60) pounds in weight when full or four (4) feet in height or length. Drums, barrels and GI cans are not permitted. Sec. 10-6. Responsibility of occupant. (a) The responsibility for storage of refuse prior to collection shall remain with the occupant of each building from which it is to be collected. (b) 6h~ No earlier than dusk the day ~ before collection, refuse shall be placed outside at the curb in front of the building, or the rear or side of the building in a single place that is easily and safely accessible and not more than one hundred fifty (150) feet from the nearest curb or point of pickup, provided, that occupants of townhouse dwellings shall place all refuse at the curb in front of such dwelling, unless otherwise notified by the city manager or his designee, who in such cases will designate pickup locations on maps to be provided such occupants. Where property is fenced, gates must be left unlocked. Animals shall be secured to assure the safety of collection personnel. (c) Recyclable materials to be collected shall be placed at the curb. 1997-9 (d) Once trash and recycling containers are emptied by the collecting crew, the containers shall be removed from the curb to their original location by the occupant on the same day. Sec. 10-7. Special collection service. (a) Refuse which cannot be placed in approved containers or refuse which must be picked up through special arrangements as provided in section 10-4 will be collected by special pickup arranged by telephoning the department of public works. All special pickup items shall be placed at the curb by the occupant but ~cpartmcnt cf public worko. The occupant shall not ~ ..... ~-^ ~^~^-~ .... ~ ~ ~' .... ~^ ferrous metals/white goods at the curb more than one week before the date of special collection. Other special collection items shall not be placed at the curb until the weekend prior to the week in which arrangements have been made for such items, collection. (b) The city manager or his designee shall promulgate pickup schedules for grass clippings, leaves, Christmas trees and other special collections. Sec. 10-8. Compliance with sections 10-4 through 10-7 of chapter; notice of violation; penalty for violation of sections 10-4 through 10-7 of chapter. (a) It shall be unlawful for any person to maintain or accumulate items of refuse at the curb or other pickup points except as required by sections 10-4 through 10-7 of this chapter. All items placed at the curb cn A~^~ ~ thc ..... ~ .... ~A~ ~" i violation of this chapter and all unacceptable items will be identified with a red tag bearing the date of violation. In addition, a notice that items have been placed at the curb in violation of this chapter shall be delivered to any occupant of the dwelling located on the premises over the age of sixteen (16) years or, if there be none, posted on the front door of such dwelling. Such notice shall state the items bearing a red tag have been placed at the curb in violation of this chapter and that unless these items are removed within twenty-four (24) hours, the occupant will be liable to prosecution for a misdemeanor and subject to a fine of twenty-five dollars ($25.00) for each offense. (b) Any person who violates the provisions of sections 10-4 through 10-7 of this chapter, after having fist been given proper notice pursuant to paragraph (a) above shall be guilty of a misdemeanor and upon conviction thereof shall be punished by fine not to exceed twenty-five dollars ($25.00) for each offense. Sec. 10-9. Source separation for recycling. (a) The city manager or his designee shall require source separation for recycling of household (including multifamily) solid waste within the city and 1997-9 collection of such source-separated materials by a collector for transportation to a recycling center. (b) The city manager or his designee shall require source separation of principal recyclable materials by any business operated for profit within the city and collection of such source-separated materials by a collector for transportation to a recycling center; provided, that such business: (1) Has an average annual number of employees of one hundred (100) or more at a single site within the city, or has an average annual number of employees of two hundred (200) or more at multiple sites within the city and Fairfax County, or is located within an office building or office complex having an average annual number of employees of one hundred (100) or more; or (2) Has seventy-five thousand (75,000) or more square feet of commercial, industrial or institutional space, or is located within a commercial, industrial or institutional complex of seventy-five thousand (75,000) or more square feet of such space. (c) This provision shall not affect the right of any person to sell or otherwise dispose of solid waste materials as provided in section 15.1-28.03 of the Code of Virginia or permitted under any other law of the Commonwealth of Virginia, nor shall this provision impose any liability upon any apartment or commercial office building owner or manager for failure of tenants to comply with the requirements for the separation of recyclable materials nor upon any collector or transporter of recyclable materials for failure of its customer to comply with such regulations. Sec. 10-10. Annual report required. The city manager or his designee shall require all nonresidential solid waste generators and companies that manage solid waste or recycle materials generated in the City of Fairfax to annually report by March 1 for the previous calendar year such nonproprietary information regarding waste generation, waste management and recycling as is necessary to facilitate compliance with section 10.1-1411 of the Code of Virginia. All reports required by the city manager or his designee shall be based on volume or weight of each material recycled; provided, that where such measurements cannot be accurately determined, the report may be based on carefully estimated data. Where estimates are submitted, they must contain sufficient detail to reasonably describe how the estimate was prepared, including, but not limited to, such data as container volume, frequency of collection, percent full when collected, and the type of material collected for recycling. When information is withheld as proprietary, the report shall specify the nature of the information withheld and the basis for its proprietary determination. Annual recycling reports shall be 6 1997-9 submitted on a standardized form to be provided by the city manager or his designee and shall be certified by a responsible company official. Such reports shall include, but not be limited to, the name and address of the reporting entity, period of time covered by the report, and type and weight/volume of each material reported. Supporting documentation used in preparation of the report shall be retained for audit and clarification of reported data for a period of two (2) years following submissions of said report. Sec. 10-11. Penalty-Waste reduction and recycling. Violation of any provision of sections 10-9 through 10-10 of this Chapter, or any rule or regulation adopted hereunder, shall be punishable by a civil penalty not to exceed five hundred dollars ($500.00) for each offence. No criminal penalties shall be imposed for such violations. Each day any violation continues shall constitute a separate offense. This ordinance shall become effective as provided by law. INTRODUCED: PUBLIC HEARING: ADOPTED: June 10, 1997 June 24, 1997 June 24, 1997 Councilman Mershon and Councilman Rasmussen were absent from the meeting. The vote to adopt was approved 4-0, recorded as follows: Vote: Councilman Coughlan aye Councilman Greenfield aye Councilwoman Lyman aye Councilman Mershon absent Councilman Rasmussen Councilman Silverthorne absent aye Mayor June 27, 1997 Date ATTEST: C~y ~erk